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Judgment
Ravindra Maithani, J
Applicant is in judicial custody in FIR No.60 of 2021, under Sections 370, 457, 411 and 413 IPC, Police Station Tanakpur, District Champawat. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
This is the second bail application. Initially, the applicant was granted bail by this Court on 28.07.2021, in BA1 No.1814 of 2021.
The record reveals that during trial, charges were framed, but, subsequently, the applicant did not appear on one occasion and warrants were issued against him, but they were recalled when the applicant appeared and had told that he was confined in some other matter in the jail in Pilibhit. But, again after some time, the applicant disappeared and when warrants were issued against him, a report came that the applicant is in custody in some case at Pilibhit. The applicant was located in Haldwani Jail and he was taken into custody.
Learned counsel for the applicant would submit that the applicant did not wilfully absented himself from the court processes; the applicant is involved in many cases of similar nature; during the trial, the applicant was arrested in the Pilibhit court and he was in custody, which is evident from the record.
These factual aspects are not denied by learned State Counsel.
Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
The bail application is allowed.
Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.